May 2014

AT&T Debt Offering Will Help It Swallow DirecTV

AT&T could issue as much as $7.5 billion in debt to help pay for its $49 billion acquisition of DirecTV, analysts say, which would rank as the fifth-largest high-grade corporate-bond sale in the US this year.

AT&T plans to pay for the acquisition with 70% of it in stock and 30% in cash. The company said the cash component will be financed "through a combination of cash on hand, sale of noncore assets, committed financing facilities and opportunistic debt market transactions." AT&T could sell its new bonds sometime in the next few months, to take advantage of rates that still remain relatively low, with a requirement to buy the debt back from investors if the DirecTV deal doesn't close. Investors have been snapping up new corporate bonds recently, as buyers look to investments that offer more yield than benchmark US Treasurys.

With Spy Charges, US Draws a Line That Few Others Recognize

By indicting members of the People’s Liberation Army’s most famous cyberwarfare operation, the Obama administration has turned to the criminal justice system to reinforce its argument that there is a major difference between spying for national security purposes, something the United States does daily, and the commercial, for-profit espionage carried out by China’s military. The Chinese argue that the distinction is an American artifact, devised for commercial advantage. They believe that looking for business secrets is part of the fabric of national security, especially for a rising economic powerhouse. And while American officials are loath to admit it, Washington’s view has relatively few advocates around the world.

‘Dark money’ floods in to US election

Long used to opposing candidates bitterly facing off in elections, US voters are being offered a different choice for this year’s congressional polls -- the spectacle of billionaires battling each other head on. On top of the formal campaigns, spending by so-called super political action committees -- bodies that face no restrictions on donations but cannot co-ordinate with candidates -- has exploded in recent years. But the greatest spurt of growth in the run-up to the 2014 congressional elections is through “dark money” channels, funds that are donated to non-profit advocacy groups and trade and business associations.

Unlike campaigns and super PACs, donations to non-profits and trade associations do not have to be declared and their spending can only be tracked by examining their purchases of advertising and tax returns. Ahead of the November polls, the outlays of such bodies is running at three times the rate of the 2012 presidential campaign, and at 17 times that of the 2010 midterms elections for the House and the Senate. At the current rate, these groups might spend upwards of $1 billion on the 2014 elections, according to a report by Robert Maguire, of the Center for Responsive Politics, in Washington.

Chairman Walden Fears Rough Waters Ahead for FCC

Federal Communications Commission Chairman Tom Wheeler agreed to be the lone witness at the House Communications Subcommittee FCC oversight hearing May 20, where he could hear it from both sides of the aisle on network neutrality, and Subcommittee Chairman Greg Walden (R-OR) indicated May 19 that it was not going to be a triumphal return for Chairman Wheeler.

"[G]iven some of the most recent decisions out of the commission, I fear that we may be heading into rough waters," Chairman Walden will say. In December 2013, Chairman Walden advised the commission to proceed with regulatory humility and restraint. "Unfortunately, recent actions have hinted that my advice was ignored.” Those recent actions include the vote to launch new open Internet rules that include the possibility of Title II reclassification and "forc[ing] broadcasters to divest stations and unwind shared service agreements that are beneficial to ensuring local content in smaller markets." "Contrary to any intended effect, the reclassification of broadband service under Title II will harm consumers, halt job creation, curtail innovation and stifle investment.”

Google buys New York start-up Divide

Google has bought Divide, a New York-based start-up that lets users securely separate their work and personal data on smartphones and tablets, effectively turning one device into two.

The idea is to help Google attract business customers dealing with a generation of “bring your own device” workers – people who reject the clunky hardware favored by many big companies, and instead use their own smartphones for work documents and e-mails. This self-service approach poses a problem for companies which cannot control security on those devices, and which risk losing their sensitive data and intellectual property if an employee misplaces their personal phone in the back of a taxi.

House critics ready questions for FCC chief

Federal Communications Commission (FCC) Chairman Tom Wheeler will testify in front of the House Commerce Subcommittee on Communications on the heels of decisions at his agency that have raised concerns for lawmakers on both sides of the aisle.

“Given some of the most recent actions out of the commission, I fear that we may be heading into rough waters,” Subcommittee Chairman Greg Walden (R-OR) said in his prepared opening statement. Rep Walden criticized Chairman Wheeler’s attempts to rewrite the agency’s net neutrality rules and more seriously consider reclassifying Internet providers.

“The practical consequences of reclassification are to give the bureaucrats at the FCC the authority to second-guess business decisions and to regulate every possible aspect of the Internet,” he said, adding that reclassification “will harm consumers, halt job creation, curtail innovation and stifle investment.”

In his opening statement, Rep Walden also slammed Chairman Wheeler over reports that he held major revisions to key items from Republican FCC Commissioners for too long and for recent FCC actions aimed at cracking down on collusion between broadcasters.

Why you shouldn't freak out about AT&T buying DirecTV

[Commentary] In the coming months, federal regulators need to decide on two big mergers: Comcast's proposed acquisition of Time Warner Cable and AT&T's proposed purchase of DirecTV. The deals are similar in size and both involve big pay-television companies getting even bigger. But the deals have produced strikingly different reactions.

The Comcast deal attracted immediate condemnation from a broad range of left-leaning groups such as Public Knowledge, which quickly condemned the merger and called on regulators to stop it. Public Knowledge's reaction to AT&T's proposed purchase of DirecTV also sounded a skeptical note, but it was much more muted.

What explains the difference? A big factor is the different ways the two deals would reshape the Internet. Comcast and Time Warner Cable are two of the nation's largest broadband providers, and the combined company would control a third of all home broadband subscriptions.

Given the way Comcast has been throwing its weight around in recent interconnection disputes, there's reason to worry about the nation's biggest broadband provider getting even bigger. AT&T is also a fairly big broadband provider -- it has 16 million subscribers compared with Comcast's 20 million.

But DirecTV has is not a significant broadband provider, so combining the two firms won't increase AT&T's leverage in negotiations with the rest of the Internet. And 5 million of AT&T's subscribers are on low-speed DSL connections, not the kind of connection consumers are likely to use for video streaming.

Unpacking the AT&T-DirecTV deal

Federal regulators that are already busy sorting out a different telecommunications merger: Comcast’s bid to buy Time Warner Cable. “Big fish are swallowing small fish,” says Reed Hundt, former chairman of the Federal Communications Commission, of the changing media landscape. “And if you want to avoid being swallowed, you need to be a bigger and bigger fish.” AT&T, which is primarily a wireless provider, wants to diversify -- to be able to sell customers phone service, Internet access, and television. And its advantage in selling regulators on the deal? Its size. "In terms of the pay TV business," says Todd Rethemeier of Hudson Square, "AT&T is a relatively small player."

NAB Statement on Proposed AT&T-DirecTV Merger

In response to the proposed merger of AT&T and DirecTV, the following statement can be attributed to NAB Executive Vice President of Communications Dennis Wharton:

"AT&T's proposed merger with DirecTV demands a hard look in an increasingly consolidated broadband and pay television marketplace. It is hard to see how decreasing competitors in the pay TV marketplace -- while increasing regulatory restraints on local TV stations -- truly benefits consumers."

FCC Sets $10 Billion-Plus Reserve on AWS-3

The Federal Communications Commission has proposed a reserve price of a combined $10,066,326,600 for the paired spectrum bands (1755-1780/2155-2180 MHz licenses) in the AWS-3 auction.

The auction (dubbed Auction 97) must raise at least that much for it to conclude. It has also set Nov. 13, 2014 as the scheduled start date of the auction. FCC Chairman Tom Wheeler had signaled to Congress in written testimony that the auction outline notice would be released soon.

The 65 megahertz of AWS-3 spectrum available (1,614 licenses) will be licensed on a geographic area basis. Of those, 880 will be by Economic Area (EA) and 734 will be Cellular Market Area (CMA). The frequencies will be licensed in five and 10 MHz blocks, with licenses available for five, 10 and 20 MHZ. That 65 will be the largest amount of spectrum auctioned since the FCC's 2008 700 MHz auction.